Abercrombie and Fitch in 2008

Abercrombie and Fitch proclaimed their innocence of the disability discrimination charges which carry heavier penalties both by law and bad public relations. Their lawyer issued a press release saying, “We are pleased that the Tribunal found that A&F did not discriminate against Ms. Dean on grounds of her disability and also found that A&F provided Ms. Dean with the accommodation she requested… We were happy to employ Ms. Dean, and we have always been, and will continue to be, supportive of the rights of disabled individuals.”

Dean was hired by abercrombie and fitch in 2008 but relegated to the back room where she would not be seen by customers. She was born with part of her arm missing and wears a prosthesis. While Dean offered to cover the prosthesis with a sweater, the employer’s treatment amounted to wrongful dismissal to Dean for not having the sexy A&F look.

The tribunal heard testimony that “on July 4, Maria Barbera, one of her managers, told her: “I can’t have you on the shop floor as you are breaking the look policy, immediately go to the stockroom.” Telegraph.co.uk

Dean, then a law student and now an articling student at law, filed a complaint with the central London employment tribunal.A British employment tribunal has found abercrombie and fitchwrongfully dismissed Riam Dean, a student who was employed at the sexy Saville Row store then dismissed ostensibly because she didn’t fit the “look” of the store.Riam Dean, although photogenic, has a prosthetic arm and contended she was dismissed because of her disability.

The tribunal awarded Dean about $15,000 US ($9,000 British pounds) for loss of employment, wrongful dismissal, harassment and hurt feelings. The tribunal stopped short of making the award for disability discrimination.

Riam Dean awarded damages

abercrombie and fitch are developing a reputation for discrimination which should harm their sales.

They lost a $45 million lawsuit in the US on discrimination against minorities. Disability discrimination cases are still new and not well understood by the courts. The fact A&F has now lost cases on both sides of the Atlantic is turning heads in the retail fashion industry.Dean, speaking through her mother after the ruling, appears pleased with the results.Miss Dean’s mother, May, said her daughter was “very, very pleased” at the outcome.She said: “It has been a long legal battle against abercrombie and fitch but all her efforts have finally paid off.” Telegraph.co.uk